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Request to Rezone Radford Road and Westmark Drive_KelzerPlanning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD vlannin~@citvof dubuq ue.ori; THE CITY OF Dubuque DUB E Masterpiece on the Mississippi r _ ' 2007 October 9, 2009 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Tom Kelzer/GTW Pennsylvania LLC Location: Lot 8 Westmark (southeast corner of Radford Road and Westmark Drive) Description: To rezone property from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development with a PR Planned Residential District designation. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Brian Kane, 2100 Asbury Road, representing GTW Pennsylvania LLC., introduced Tom Kelzer as the real estate professional for this project, Steve Smith and Wayne Briggs as property owners, and Pat Ready, the project engineer from MSA. He outlined the project noting its location. He discussed the floor plans and elevations of the proposed apartment buildings. He said that 388 off-street parking spaces will be provided with 103 of them inside. He said that the adjacent utilities in the streets are sufficient to serve the project. He discussed the land use recommendations of the Comprehensive Plan, noting that mixed-use residential was proposed for the adjacent property. He said that the proposed rezoning, in his opinion, is consistent with the Comprehensive Plan, and represents a transition between the office park and adjacent properties. He said that this is not a spot zone as it is located in a mixed-use area. There were several public comments. Devon Curtis, representing Westmark Enterprises, 4050 Westmark Drive, spoke in opposition to the request. He said that residential development is not appropriate for this area as it does not meet City standards and is counter to the Comprehensive Plan recommendations for the area. He said this request represents a spot zoning. He discussed prior planning for the land uses in the area that included office and commercial offices. He said that the project will not offer amenities for children that will, in all likelihood, play on the adjacent properties. He said that the project will generate Service People Integrity Responsibility Innovation Teamwork Lot 8 Westmark (southeast corner of Radford Road and Westmark Drive) The Honorable Mayor and City Council Members Page 2 traffic and increase traffic congestion problems along the Northwest Arterial. He expressed concern with storm water management. He also said that there is potential for property to be poorly maintained if it changes ownership in the future. He said there are many other areas in the community that are more appropriate for residential development of this nature. He said that he feels that this kind of development should be compatible with the Comprehensive Plan. He discussed Iowa law as it regarded spot zoning. Rick Dickinson, Greater Dubuque Development Corporation, spoke in favor of the request. He said that there is a crisis in housing in that there is a significant lack of market-rate housing supply. He said that the project is in within walking distance of schools and retail establishments. He said that predictions of a future management change in property deterioration represents a boogie man. Matt Horsfield, 505 E. Main Street, Epworth, Iowa, said that he is an adjacent property owner and that he has spoken with the applicant. He said that he discussed proposed future development for his industrial property with the applicants and potential industrial uses for his property south of the development. He said that the property owners are aware of his plans and asked the Commission if they feel that his development is compatible with adjacent residential development. He spoke in favor of the request. He asked if a development of this nature would inhibit his ability to fully utilize his property for future industrial purposes. Staff Member Kritz outlined the staff report noting the number of units and parking for the project. Staff Member Carstens discussed the broad scope of the Comprehensive Plan stating that it serves as a guide for the Commission and City Council. She said the Comprehensive Plan is more than the Future Land Use Map, and that it includes goals and objectives. She reviewed the Land Use goals listed in the staff report. She recommended that the Commission review the standards outlined in the Zoning Ordinance for Planned Unit Development. Staff Member Kritz reviewed surrounding zoning and land use, the evolution of zoning practice from requiring spatial separation of different land uses to promoting mixed use developments to foster more compact development that is less dependent on the automobile. He said that most of our commercial districts allow residential use. He discussed future City initiated traffic improvements for the area, potential traffic generation and comparative traffic generation regarding commercial development. He said that approximately 50% of the area is pervious which is in excess of the 20% required by the City. He said that the parking provided for the development is adequate. Service People Integrity Responsibility Innovation Teamwork Lot 8 Westmark (southeast corner of Radford Road and Westmark Drive) The Honorable Mayor and City Council Members Page 3 In response to a question from Commissioner Smith about park land, staff noted there is no requirement for park land in PUDs. Staff also noted an area on the conceptual plan for open space. Mr. Ready said that the green area could be used for recreation and a pet area. He said that the property owners have discussed creating communal congregational areas for the residents. Commissioner Hardie said he feels that the project does not meet the criteria established for granting a rezoning. He said he does not feel that the applicant demonstrated that there has been a material change to the area or that the original zoning is not appropriate. He said that the Comprehensive Plan indicates that the mixed-use area is across Radford Road. He said that it is his opinion that the streets serve as a defining mark between zones and uses. He said this appears to be a spot zone and not appropriate because it is too intense. Commissioner Christ said that she agrees with Commissioner Hardie's assessment. Chairperson Stiles complimented the developers stating that he feels the project meets the criteria established for rezoning and met some of the goals of the Comprehensive Plan. He also said that the development is mixed-use and that the area and market conditions have changed markedly. Commissioner Hardie questioned the building height and the height of buildings and surrounding properties. Recommendation By a vote of 4 to 3, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to modify the PUD Ordinance. Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork z'rifi Cii'Y OF Dubuque j~~ 'T ~ City of Dubuque L,Jj,,,t ~ ~"~, 1 1 Planning Services Department Masterpiece on the Mississippi i ' Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM ^Variance ^Planned District ^Major Site Plan ^Certificate of Economic Non-Viability ^Conditional Use Permit ^Preliminary Plat ^Major Final Plat ^Certificate of Appropriateness ^Appeal ^Minor Final Plat ^Simple Subdivision ^Historic Designation ^Special Exception ^Text Amendment ^Annexation ^Neighborhood Association ^Limited Setback Waiver ^Simple Site Plan ^Temporary Use Permit ^Other: ~ezoning ^Minor Site Plan Please tvoe or print legibly in ink Property owner(s): CT ~ (•~ 1'c? ri r ~/I I~ r~ ; A ~ ~. ~ Phone: S ~ ~ S~f 2 ^ `~-~~/,~ Address: / .~ 7 I'1') a.i ~-, S f City: rec. ~ ~ ~,r ~ State: '~ ~ Zip: C i o 6 U Fax Number:.s(o 3 "' SS7- 9/SIB Cellular Number: ~~ ~ - SyL-L~~-mail Address: '~/~~_ ~~c-f- ~ P~~~•t~ Applicant/Agent: '~r'~ ~2 PO Phone: S~~ "~ ~y 2 ^ 2 ~' °7' ,~' Address: ~ 3 7 j'7')d ~i N S '~ City: +~Gc~State: ~ ~ Zip:-SL a U~ Fax Number: Cellular Number:/~ E-mail Address: Site location/address: ~o °f `~ WeJ~~ ~ /'~ t" G c't e ('$~ ` b2. t( ?-~ o /bcs C~~ Existing zoning: ~' 2 Proposed zoning: ,r U ~ Historic District: h D Landmark: , Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): Total property (lot) area (square feet or acres): .~ ~ c/ . 5 3 `~ Describe proposal and reason necessary (attach a letter of explanation, if needed):. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All addifional required w~ri/,tte~~ and graphic materials are attached. `/t/ Property Owner(s): ~~~"'~f'"`-t~ ~ ~~~~~il "r'I Date: ~ /7~ 9 Applicant/Agent: "~ /OY~1' ~ U v Date: q- l - O ~1 FOR OFFICE USE ONLY -APPLICATION SUBM AL CHECKLIST Fee: , I~SD •l~ Received by: ~ Date: ~ 3'd`/Docket: ^ Site/sketch plan^ Conceptual Development an ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: ~ ~ ~~ Z -L~:~ CARVER L~''~ ~C D r T ~ ~~~ CSc - ~ --~-J~ ._~~ G6 . - d t ~ ~- °p~~~°~~~~~~°I; ~~ ICI - ~~ .1~ ~ ~, I ~ ~ ~ ~~ o _ Von - -.. -- -_ - -- ~ r ---... - ~~ ^ Imo.,,` I J ~ h,~ ~ R- ' ~ ~ NFSTMARK . ~..~.---`.'--!' ' -~- i~ ~ - II ~ ~~ AG PI C. ~, ~ I,,, ` , ,~~~_ i r i_' Dubuque THE Crl'Y OF DUB E N Masterpiece on the Mississippi Vicinity Map Applicant: Tom Kelzer / GTW Pennsylvania LLC Location: Lot 8 Westmark Description: To rezone property from C-2 Neighborhood Shopping Center District to a PUD Planned Unit Development with a PR Planned Residential District designation. Legend ~'////~ Proposed Area to be Rezoned Zoning (B & W) 'City Limits Base Data provided by Dubuque Countv GIS PLANNED DISTRICT STAFF REPORT Project Name: GTW Pennsylvania, LLC PUD Zoning Agenda: October 7, 2009 Property Address: SE corner Westmark Drive, Radford Road Property Owner: GTW Pennsylvania LLC Applicant: Tom Kelzer Proposed Land Use: Residential Existing Land Use Adjacent Land Use Vacant North -Office/Commercial East -Office South -Vacant West -Vacant Flood Plain: No Water: Yes Proposed Zoning: PUD Existing Zoning: C-2 Adjacent Zoning: North - C-2 East - PC South - PI West - AG Total Area: 12.96 acres Existing Street Access: Yes Storm Sewer: Yes Sanitary Sewer: Yes Previous Planned District: No. Purpose: The request to rezone to a Planned Unit Development with a PR Planned Residential designation is to facilitate development of up to 216 apartment units arranged in 12 buildings with 18 units each. Property History: The property has been vacant since its initial grading as part of the Westmark Subdivision. Physical Characteristics: The subject property is located at the southeast corner of Radford Road and Westmark Drive, and generally drains to the southeast. Conformance with Comprehensive Plan: The Future Land Use Map for City of Dubuque designates the property for Office Use. The proposed rezoning involves the Land Use Element Goals 1.1, 1.2, 6.1, 7.2 and 8.2. Staff Analysis: Planned District Staff Report- Radford Road &Westmark Drive Page 2 Streets: The proposed development will take access from existing city streets of Westmark Drive and Radford Road. The interior paved surfaces will be private drives maintained by the property owner. Sidewalks: Sidewalks will be installed along public street frontages as per City ordinance. Parking: The conceptual plan provides for 1.83 parking spaces per unit including proposed parking. garages. Lighting: All new outdoor lighting will be required to utilize 72-degree cut-off luminaries. Signage: The conceptual plan proposed entrance signs at the access on Westmark Drive and Radford Road. Bulk Regulations: See attached conceptual plan. Permeable Area (%) & Location (Open Space): Approximately 50% of the 12.96 acres site will be covered by impervious area. The majority of open space is located in the southeast corner of the property. Landscaping/Screening: See attached conceptual plan. Phasing of development: None. Impact of Request on: Utilities: Existing city utilities are adequate to serve the subject property. Traffic Patterns/Counts: Attached to this staff report is a copy of the 2005 IDOT average daily trip counts for the subject area. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all phases of development of the project. Adjacent Properties: The most likely impact to adjacent properties is an increase in vehicle trips generated from the proposed development. Planning staff would caution though that development of the parcel under the existing C-2 zoning district, depending on the type of development, would also significantly increase the volume of traffic generated by the site. f:\userslmrettenb\wplstaffreports\gtw radford rd & Westmark dr pud staff report.doc Planned District Staff Report- Radford Road &Westmark Drive Page 3 CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject 12.9 acre parcel from C-2 Neighborhood Shopping Center Commercial District to PUD Planned Unit Development with a PR Planned Residential designation. The subject property is located at the southeast corner of the intersection of Westmark Drive and Radford Road. The development will encompass twelve 18-unit apartment buildings served by two accesses -one from Westmark Drive and one from Radford Road, with all interior drives being privately maintained. When fully built out, the 216 dwelling units will be served by 388 parking spaces in both surface parking lots and garages. The 2030 Future Land Use Map and City's Comprehensive Plan designates the subject parcel for office development. The Land Use Goals for the Comprehensive Plan includes, "To protect and enhance the viability, livability, and affordability of the City's residential neighborhoods, while integrating multi-family development throughout the community." In addition, Goal 1.2 states, "Promote providing a range of housing options throughout the community." The subject property borders the City's Dubuque Industrial Center on the south, Westmark Corporate Center on the east, existing commercial and office uses on the north, and agricultural zoned property on the west. Access to the site is proposed from both Westmark Drive and Radford Road. Attached to this staff report is a copy of the 2005 IDOT annual Average Daily Trips (ADT) for the subject area. The Institute of Traffic Engineers Trip Generation Manual indicates that for apartments, a trip generation rate of 6.47 vehicle trips per dwelling unit during the weekday. This translates into approximately 1,400 ADT. Planning staff does not view the trip generation of the subject site as an issue as under the existing zoning of C-2 Neighborhood Shopping Center District, the parcel could generate significantly more vehicle trips on a daily basis if developed for commercial or offices uses. Planning staff reviewed with City Engineering staff anticipated improvements to the street system in the surrounding area. The City is initiating a timing study for the Northwest Arterial signals in the fall of 2009. The City and IDOT will be making capacity improvements to the left turn lanes at both the Asbury Road and Pennsylvania intersections with the Northwest Arterial in 2010. City Engineering also indicated they had already studied the Pennsylvania and Radford Road intersection, and anticipate that a signal will be necessary in the future at that intersection. The submitted conceptual development plan has been reviewed by the City's Fire Department and a memo from Fire Marshal Mark Ludescher is attached to this staff report. The private roadways accessing Westmark Drive and Radford Road will be 20- foot in width. The 20-foot width allows for two travel lanes and has sufficient width for emergency vehicles and reduces the amount of impervious surface to what is necessary for adequate traffic flow. The conceptual plan includes a typical roadway cross-section that indicates the private roadways will have a 4" asphalt surface with 14" of crushed stone. The roadway surface will be 20 feet wide with 2-foot stone shoulders. f:\users\mrettenb\wp\staffreports\gtw radford rd & Westmark dr pud staff report.doc Planned District Staff Report- Radford Road & Westmark Drive Page 4 Parking along the interior roadways will be prohibited. The surface parking lots and garages are laid out to meet City standards for circulation and parking space dimensions. Storm water controls will be reviewed in detail as part of a site plan once the subject property is successfully rezoned. City Engineering has reviewed the conceptual plan and does not see any issues that would prevent the site from meeting existing storm water control regulations and policies. The applicant has provided an elevation of the proposed apartment buildings and floor plans are attached to this staff report. The apartment buildings will have 18 dwelling units each with access to surface parking as well as garages. The applicant has indicated that there will be no specific phasing of development, but that the first building will be constructed near Radford Road. The applicant has indicated they would like to begin construction yet this year. Planning staff recommends that the Zoning Advisory Commission review Section 3-5.5 of the Zoning Ordinance that establishes criteria for the review of conceptual development plans. Prepared by: ,~~~ Reviewed: z /~- Date: q ~9~ • ©9 f:\users\mrettenb\wplstaffreports\gtw radford rd & westmark dr pud staff report.doc Fire Department 11 West 9th Street Dubuque, Iowa 52D01-4839 (563) 589.4160 office (563) 589-4209 fax dbrown~cityofdubuque.org E. Daniel Brown, Chief To Whom It May Concern THE CITY OI' ~j DUB E ~,~ 9-29-2009 In regards to Westmark Lot 8 Conceptual Development Plan. The access roads to this development are the minimum 20 ft access width required by the Fire Department. This would require no parking on both sides of the road (enforced by the developer on private property). An access road must also be kept clear, the entire 20 ft, of snow and ice during winter months. This minimum width access road would be my only concern for this development at this time. 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NAmn-~,~,~ - - ~ Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk, Address: City Hall- 50 W. 13 Street Telephone: 589-4121 ORDINANCE NO. 50 -09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RADFORD ROAD AND WESTMARK DRIVE FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 8 Westmark, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: 1. Principal permitted uses shall be limited to 216 apartment units. 2. No secondary or contingency uses shall be permitted. 3. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. Radford Road and Westmark Drive Page 2 S. Lot and Sulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: The development of the 12 apartment buildings, detached garages and parking areas shall be in substantial compliance with the approved conceptual plan. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: Parking. Regulations a. Off-street parking shall be provided based on the approved conceptual plan. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. Proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. Radford Road and Westmark Drive Page 3 b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping and Screening a. Landscaping shall be ,provided as part of each residential building and at the end of any parking area located adjacent to a public roadway and not otherwise screened by structures or topography. b. That a six (6) foot high chain link fence with an evergreen screen shall be provided along the eastern portion of the property. The plantings shall be installed at a minimum of 3 to 6 feet in height and will grow to a height of 15 to 20 feet. 4. Storm Water Conveyance a. The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the Radford Road and Westmark Drive Page 4 ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five (5) years. 6. A site plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance or Articles 12 and 13 of the Unified Development Code, whichever Code is in effect at the time of site plan submittal. D. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations. 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment. E. Other Codes and Reaulations Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. Radford Road and Westmark Drive Page 5 F. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. H. Recording A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 19tH day of October 2009. ~~~ G Roy:. . Buol, Mayor Attest: ~- Jeanne F. Schneider, City Clerk f:\users\mrettenb\wp\council\ordinances\2009\radford ~ westmark pud ord.doc